In re the Claim of Errea

Appellate Division of the Supreme Court of New York

In re the Claim of Errea

50 A.D.2d 626, 375 N.Y.S.2d 47, 1975 N.Y. App. Div. LEXIS 12432

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 6, 1975

StatusPublished

Cited by2 cases

This text of 50 A.D.2d 626 (In re the Claim of Errea) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Errea, 50 A.D.2d 626, 375 N.Y.S.2d 47, 1975 N.Y. App. Div. LEXIS 12432 (N.Y. Ct. App. 1975).

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Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 23, 1974, which reversed the decision of a referee overruling the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective November 10, 1973 because he left his employment without good cause by provoking his discharge. Although the original decision was based on the now discredited theory of provoked discharge, the board’s modification thereof to a finding of misconduct was amply warranted on the record before it. Testimony, exhibits and claimant’s own admissions provided overwhelming evidentiary support for the board’s factual determination that claimant was the aggressor in striking a coworker and its conclusion that such action rose to the level of misconduct should not be disturbed (cf. Matter of James [Levine], 34 NY2d 491). Decision affirmed, without costs. Herlihy, P. J., Greenblott, Kane, Main and Larkin, JJ., concur.

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— Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 23, 1974, which reversed the decision of a referee overruling the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective November 10, 1973 because he left his employment without good cause by provoking his discharge. Although the original decision was based on the now discredited theory of provoked discharge, the board’s modification thereof to a finding of misconduct was amply warranted on the record before it. Testimony, exhibits and claimant’s own admissions provided overwhelming evidentiary support for the board’s factual determination that claimant was the aggressor in striking a coworker and its conclusion that such action rose to the level of misconduct should not be disturbed (cf. Matter of James [Levine], 34 NY2d 491). Decision affirmed, without costs. Herlihy, P. J., Greenblott, Kane, Main and Larkin, JJ., concur.

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Bluebook (online)

50 A.D.2d 626, 375 N.Y.S.2d 47, 1975 N.Y. App. Div. LEXIS 12432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-errea-nyappdiv-1975.

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